How long do I have to report a claim to my insurer?

"As soon as he becomes aware of it"

The wording sounds severe, and it is. But it also works in your favour: time runs not from the loss itself, but from when you became aware of it.

That rule concerns damage insurance — home, auto, property. For sickness or accident insurance, the law does set fixed deadlines: written notice of the loss within 30 days of becoming aware of it, then, within 90 days, the information on its circumstances and extent. If you show it was impossible for you to act within those deadlines, you keep your right, provided the information reaches the insurer within one year of the loss (article 2435).

Water damage found on returning from holiday, a crack noticed months after subsidence, a theft discovered when opening a storage unit: in each case, discovery is what counts.

Record the date of discovery somewhere verifiable — a message, an email, a photo — the same day. That date becomes a question if the file hardens.

Late notice does not lose everything

This is the nuance most insured people miss, and it carries weight. Reporting late does not automatically forfeit the indemnity.

The insurer can rely on a forfeiture clause only if it shows it suffered prejudice from not being told in time: evidence lost, damage worsened, no chance to investigate or limit the loss.

A two-week delay on a loss fully documented in photographs does not put the insurer in the same position as a year's delay on damage repaired with no witness. If your insurer raises delay, ask it to explain in writing what prejudice it suffered.

What your policy adds

The Code sets the principle; your contract adds obligations. Many policies require notice within a set number of days, demand a particular form, or require reporting theft or vandalism to police.

Those obligations bind you. Read the insured's obligations section when you discover the loss, not when you are denied.

Where coverage is uncertain, report anyway. A claim that goes nowhere costs less than a loss never reported.

Protect the property without destroying the evidence

You have a duty to limit the damage: shut off the water, tarp a roof, secure the premises. Failing to can reduce the indemnity.

But protecting is not repairing. Before any permanent repair, photograph and film extensively, and keep damaged items where you can. A repair done too quickly erases the evidence of the damage along with the damage.

Keep every invoice incurred to limit the loss: those are generally recoverable.

What you will be asked for next

On the insurer's request, you must disclose as soon as possible all the circumstances of the loss — probable cause, nature and extent of the damage, location of the property, third-party rights, concurrent insurance — provide supporting documents, and attest under oath to the truth of that information (article 2471).

The provision also builds in relief: if a serious reason prevents you from complying, you are entitled to a reasonable extension. And if you cannot do it at all, any interested person may do it in your place.

After you report

Once the loss report is received — or, where the insurer asked for them, the relevant information and supporting documents — the indemnity must be paid within 60 days (article 2473).

The claim against the insurer prescribes after three years (article 2925). But that long period offers no protection against a missed notice obligation: the two run independently.